Not just an afterthought: The experience of women in immigration detention (2024)
2024 inspection report finding that women in immigration detention face widespread neglect of their rights, safety and wellbeing, with recommendations for
Summary
This report examines the conditions for women in immigration detention across Australia. In an overwhelmingly male system, women are too often an afterthought. The inspection report identifies serious concerns for the safety, health, and welfare of women in detention facilities and provides recommendations to better protect their human rights.
This report is part of the Commission's regular monitoring of conditions in detention to ensure Australia's immigration detention system complies with its international human rights obligations.
Not just an afterthought
The experience of women in immigration detention - December 2024
Department of Home Affairs’ response to 'Not just an afterthought'
The Department’s response to the recommendations in the report.
Monitoring immigration detention facilities
The Commission conducts regular monitoring of immigration detention facilities to assess Australia's compliance with its international human rights obligations. This report specifically focuses on women's experiences in detention — an area that has received limited attention both in Australia and globally.
At the time of report writing in mid-2024, there were 50 women in immigration detention in Australia, representing less than 6% of the total detention population. The Commission's inspection process included facility visits, interviews with detained women, and consultations with staff and service providers.
Key findings
The report found a lack of support for women held in immigration detention in a male-dominated system. We found:
- Safety and privacy concerns: Women are frequently housed near or with men, creating serious risks of harassment and compromising privacy.
- COVID-19 measures: The continued use of 'operational quarantine' causes unnecessary stress and trauma, despite no medical need and the ending of such practices in other high-risk environments.
- Inadequate staffing: A lack of female security and medical staff impacts women's access to health support and overall sense of safety.
- Family separation: Limited accommodation options often place women far from their families, with inadequate facilities for children visiting.
- Unequal facilities: Women experience inappropriate standards of heating and cooling compared to male compounds.
- Lack of policies and standards: Lack of specific policies, guidelines and procedural standards on the accommodation, welfare, security and management of transgender people.
- Limited opportunities: Women have fewer options for meaningful activities and self-development, affecting their mental health and exposing them to further trauma.
Immigration detention
Women make up less than 6% of the total number of people currently detained in immigration detention in Australia.
Detention
In January 2024, the longest length of detention for an individual woman was 1,014 days (or 2.8 years).
Key recommendations
The Commission made 31 recommendations to the Department of Home Affairs, including:
- Replace mandatory immigration detention with a case-by-case assessment process where closed detention is used only as a last resort.
- Provide women with meaningful activities and equal access to facilities specific to the needs of women.
- Immediately end operational quarantine and other COVID-19 restrictions.
- Implement gender-responsive training and staffing.
- End interstate separation of women from family and support networks and expand visiting options for women with children.
- Develop policies and protections for the placement and care of transgender women.
- Enhance health responses with women's needs as a priority.
- Ensure appropriate access to women's products.
- Address accommodation safety concerns at Broadmeadows Residential Precinct, Melbourne Immigration Detention Centre, and Villawood Immigration Detention Centre.
- Ensure Perth Immigration Detention Centre is only used for the shortest periods of detention possible.
The Commission has consistently said that closed immigration detention should be a last resort and only used when strictly necessary to manage unacceptable risks to the community. This report reinforces this, highlighting the heightened vulnerability of women in detention.
Government response: The Department of Home Affairs agreed or partially agreed with 11 recommendations, disagreed with 4, noted 15, and indicated 1 recommendation requires government consideration.
Methodology
The inspections were conducted in April and May 2024, led by Human Rights Commissioner Lorraine Finlay. The team inspected:
- Broadmeadows Residential Precinct and adjoining Melbourne Immigration Detention Centre
- Villawood Immigration Detention Centre in Sydney
- Perth Immigration Detention Centre
The Commission partnered with Sisters Inside to provide a gendered, lived experience incarceration perspective throughout the inspection process. Professor Penny Abbott also participated as an independent custodial health consultant.
The Department of Home Affairs has provided an official response to the Commission's recommendations, which has been published alongside the report.
Lorraine Finlay
Human Rights Commissioner
